I wonder if the foreign authors are doing this suit against the universities and HathiTrust as a publicity stunt against Google. It's not clear to me whether the US fair use rules apply to foreign works, and as far as I can tell, the HathiTrust initiative is based on making "orphaned works" available through fair use based on the not for profit educational use rule.

Fair use doesn't let you copy the whole damn book... this is what is being done here... and while there can be justification for putting orphaned works online, 2001 publications are hardly going to be orphaned en masse...